136. Requisition for written declaration of description of goods

The owner or person having charge of any goods which are delivered to a licensed operator for the purpose of being transported, and the consignee of any goods which have been transported, shall, on the request of any railway official authorized in that behalf by the licensed operator, deliver to such official a declaration in writing signed by such owner or person, or by such consignee, as the case may be, containing such a description of the goods as may be sufficient to determine the rate which the licensed operator is entitled to charge in respect thereof.

If such owner, person, or consignee refuses or neglects to give such a declaration or refuses to open the package containing the goods in order that their description may be ascertained, the licensed operator may—

If a declaration delivered under subsection (1) is materially false with respect to the description of any goods to which it purports to relate, and which have been transported, the licensed operator may charge, in respect of the transportation of the goods, a rate not exceeding double the highest rate which may be in force at the time on the railway for any class of goods.

If any difference arises between a railway official and the owner or person having charge, or the consignee, of any goods which have been delivered for transport, or have been transported, with respect to the description of goods being the subject of a declaration under this section, the railway official may detain and examine the goods.

If it appears from the examination that the description of the goods is different from that stated in the declaration delivered under subsection (1), the person who delivered the declaration or, if that person is not the owner of the goods, then that person and the owner jointly and severally, shall be liable to pay to the licensed operator the cost of the detention and examination of the goods, and the licensed operator shall be exonerated from all responsibilities for any loss which may have been caused by the detention or examination thereof.

If it appears that the description of the goods is not different from that stated in the declaration delivered under subsection (1), the licensed operator shall pay the cost of the detention and examination, and be responsible to the owner of the goods for any such loss as aforesaid.

Any person adversely affected by subsection (3) or (5) may, unless he has previously admitted his liability, within seven days of the making of a claim by or on behalf of the licensed operator under any of the preceding subsections, require, by written notice, the licensed operator to recover such claim by suit or action, and until the termination of such suit or action, the right of the licensed operator to recover such claim by sale and retention of the proceeds thereof in the manner stipulated under this section shall be suspended.

For the purposes of this section, “goods” shall be deemed to include luggage.